Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013
S.R. No. 19/2013
table of provisions
RegulationPage
RegulationPage
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Amendment of Schedule 2—Wildlife (Game)
6Amendment of Schedule 2—Safety on Public Land
7Statutory rule revision
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ENDNOTES
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S.R. No. 19/2013
Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013
statutory rules 2013
S.R. No. 19/2013
1
S.R. No. 19/2013
Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013
Conservation, Forests and Lands Act 1987
1
S.R. No. 19/2013
Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013
Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013
1
S.R. No. 19/2013
Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013
The Governor in Council makes the following Regulations:
Dated: 12 February 2013
Responsible Minister:
PETER WALSH
Minister for Agriculture and Food Security
Matthew mcbeath
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amendthe Conservation, Forests and Lands (Infringement Notice) Regulations 2002—
(a)to prescribe further offences against a relevant law for which an infringement notice may be served; and
(b)to prescribe penalties for those prescribed offences; and
(c)to make other minor amendments.
2Authorising provision
These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.
3Commencement
r. 3
These Regulations come into operation on 15February 2013.
4Principal Regulations
In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1] are called the Principal Regulations.
5Amendment of Schedule 2—Wildlife (Game)
In Schedule 2 to the Principal Regulations, for items 153 to 194 substitute—
'153 / 6411 / An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 19(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / as the holder of a game licence that allows the hunting ortaking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, do so alone in contravention of regulation 19(1) of the Wildlife (Game) Regulations 2012154 / 6412 / An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 19(2) of the Wildlife (Game) Regulations 2012 / 2 penalty units / as the holder of a game licence that allows the hunting or taking ofSambar Deer with the use of hounds or the destroying of Sambar Deer, do so as part of a team in contravention of regulation 19(2) of the Wildlife (Game) Regulations 2012
155 / 6413 / An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 23 of the Wildlife (Game) Regulations 2012 / 2 penalty units / as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use ofhounds, use a hound for hunting or taking Sambar Deer that is not a registered hound
156 / 6414 / An offence under section 28(1) of the Wildlife Act 1975 / 1 penalty unit / fail to produce a licence, permit or other authority when required by an authorised officer or member of the police force
157 / 6415 / An offence under section 44(3) of the Wildlife Act 1975 / 2 penalty units / hunt, take or destroy a taxon of game during the open season for that taxon of game other than in accordance with section 44(4) of the Wildlife Act 1975
r. 5
158 / 6416 / An offence under section 58C(1) of the Wildlife Act 1975 / 25 penalty units / during the open season for duck, enter on or remain in any specified hunting area under regulation 69 of the Wildlife (Game) Regulations 2012 atany time during which entry onto or remaining in that area is prohibited asspecified in regulation 70 of those Regulations, other than in accordance with section 58C of the Wildlife Act 1975159 / 6417 / An offence under section 58D of the Wildlife Act 1975 / 25 penalty units / approach to within 10 metres or less from a person who is carrying a firearm or hunting or taking game birds in a specified hunting area under regulation 69 of the Wildlife (Game) Regulations 2012 during the open season for duck, other than in accordance with section 58D of the Wildlife Act 1975
160 / 6418 / An offence under regulation 11 of the Wildlife (Game) Regulations 2012 / 05 penalty units / as a holder of a game licence, fail to notify the Secretary of change of address and to forward licence for amendment within 14 days of changing address
r. 5
161 / 6419 / An offence under regulation 30 of the Wildlife (Game) Regulations 2012 / 2 penalty units / take or destroy more than the number of game specified in Schedule 4 to the Wildlife (Game) Regulations 2012 asthe bag limit for that kind or taxon of game in the period set out in that Schedule for that kind or taxon of game162 / 6420 / An offence under regulation 32(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / use toxic shot to hunt, take or destroy ducks other than under the circumstances specified in regulation 32(2)of the Wildlife (Game) Regulations 2012
163 / 6421 / An offence under regulation 33(1)(a) of the Wildlife (Game) Regulations 2012 / 15 penalty units / be in possession of toxic shot in the course of hunting ducks other than in the circumstances specified in regulation 33(2) or (3) of the Wildlife (Game) Regulations 2012
164 / 6422 / An offence under regulation 33(1)(b) of the Wildlife (Game) Regulations 2012 / 15 penalty units / be in possession of toxic shot within an area in which he or she intends to hunt duck other than in the circumstances specified in regulation 33(2) or (3) of the Wildlife (Game) Regulations 2012
r. 5
165 / 6423 / An offence under regulation 33(1)(c) of the Wildlife (Game) Regulations 2012 / 15 penalty units / be in possession of toxic shot within a State Game Reserve other than in the circumstances specified in regulation 33(2), (3) or (4) of the Wildlife (Game) Regulations 2012166 / 6424 / An offence under regulation 36(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / be in possession of a spotlight and a firearm in recognised deer habitat from 30minutes after sunset until 30minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012
167 / 6425 / An offence under regulation 36(2) of the Wildlife (Game) Regulations 2012 / 2 penalty units / be in possession of a spotlight and be incompany with a person in possession of a firearm in recognised deer habitat from 30minutes after sunset until 30minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012
r. 5
168 / 6426 / An offence under regulation 36(3) of the Wildlife (Game) Regulations 2012 / 2 penalty units / be in possession of a firearm and be in company with a person in possession of a spotlight in recognised deer habitat from 30minutes after sunset until 30minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012169 / 6427 / An offence under regulation 37(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / use a dog when hunting, taking or destroying game birds other than in the circumstances specified in regulation 37(3) of the Wildlife (Game) Regulations 2012
r. 5
170 / 6428 / An offence under regulation 38(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / use a dog for hunting deer other than a registered hound for the purpose of trailing Sambar Deer, a gundog for the purpose of locating, pointing or flushing deer (other than Hog Deer) or a deer hunting dog for the purpose of locating or flushingdeer (other than Hog Deer) other than in the circumstances specified in regulation 38(2) of the Wildlife (Game) Regulations 2012171 / 6429 / An offence under regulation 39 of the Wildlife (Game) Regulations 2012 / 2 penalty units / use when hunting alone for deer (other than Hog Deer) more than 2gundogs, or 2deer hunting dogs, or 1 gundog and 1 deer hunting dog, for the purpose of locating, pointing or flushing deer
r. 5
172 / 6430 / An offence under regulation 40 of the Wildlife (Game) Regulations 2012 / 2 penalty units / use when hunting in a team for deer (other than Hog Deer) more than 2gundogs, or 2deer hunting dogs, or 1 gundog and 1 deer hunting dog, for the purpose of locating, pointing or flushing deer (other than Hog Deer)173 / 6431 / An offence under regulation 42(1) of the Wildlife (Game) Regulations 2012 / 15 penalty units / as a person hunting on public land in recognised deer habitat, have in his or her care or control a dog (that is not a hound, gundog or deer hunting dog) that is not restrained or confined other than in the circumstances specified in regulation 42(2) of the Wildlife (Game) Regulations 2012
174 / 6432 / An offence under regulation 43(1)(a) of the Wildlife (Game) Regulations 2012 / 2 penalty units / as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found on private land other than in the circumstances specified in regulation 43(2) of the Wildlife (Game) Regulations 2012
r. 5
175 / 6433 / An offence under regulation 43(1)(b) of the Wildlife (Game) Regulations 2012 / 2 penalty units / as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found in a park other than in accordance with the National Parks Act 1975176 / 6434 / An offence under regulation 43(1)(c) of the Wildlife (Game) Regulations 2012 / 2 penalty units / as a hound possessor while hunting or taking Sambar Deer with the use hounds, allow a hound to be found in any area prohibited by the Wildlife (Game) Regulations 2012 other than in the circumstances specified in regulation 43(3) of the Wildlife (Game) Regulations 2012
177 / 6435 / An offence under regulation 43(1)(d) of the Wildlife (Game) Regulations 2012 / 2 penalty units / as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found in any area closed under PartXI of the Wildlife Act 1975other than in the circumstances specified in regulation 43(3) of the Wildlife (Game) Regulations 2012
r. 5
178 / 6436 / An offence under regulation 44 of the Wildlife (Game) Regulations 2012 / 1 penalty unit / fail to ensure that a houndis wearing a collar to which is securely attached a permanent tag or label on which is legibly printed the full name of the hound owner and the hound registration number179 / 6437 / An offence under regulation 45(1) of the Wildlife (Game) Regulations 2012 / 25 penalty units / use a spotlight to hunt or take game other than in the circumstances specified in regulation 45(2) of the Wildlife (Game) Regulations 2012
180 / 6438 / An offence under regulation 47 of the Wildlife (Game) Regulations 2012 / 2 penalty units / hunt, take or destroy game during the period commencing a half-hour after sunset on any day and ending a half-hour before sunrise on the next day
181 / 6439 / An offence under regulation 48(1) of the Wildlife (Game) Regulations 2012 / 1 penalty unit / hunt, take or destroy game using any bait, lure, decoy or live animal to attract game other than in the circumstances specified in regulation 48(3) of the Wildlife (Game) Regulations 2012
182 / 6440 / An offence under regulation 49(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / hunt, take or destroy game from an aircraft or motor vehicle
r. 5
183 / 6441 / An offence under regulation 50(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / hunt, take or destroy duck from a motor boat whose motor is running (whether in gear or not) other than in the circumstances specified in regulation 50(3) of the Wildlife (Game) Regulations 2012184 / 6442 / An offence under regulation 51 of the Wildlife (Game) Regulations 2012 / 2 penalty units / fail to kill live game immediately upon recovery
185 / 6443 / An offence under regulation 52 of the Wildlife (Game) Regulations 2012 / 1 penalty unit / fail to leave one fully feathered wing attached to a duck or duck breast until immediately prior to cooking or until that duck has been taken to the person's ordinary place of residence
186 / 6444 / An offence under regulation 56(1) of the Wildlife (Game) Regulations 2012 / 1 penalty unit / possess any female Hog Deer carcass without a Hog Deer Tag marked with the letter "F" attached to one of its hind legs or possess any female Hog Deer carcass from which a Hog Deer Tag marked with the letter "F" has been removed other than in accordance with regulation 59 of the Wildlife (Game) Regulations 2012
r. 5
187 / 6445 / An offence under regulation 56(2) of the Wildlife (Game) Regulations 2012 / 1 penalty unit / possess any male Hog Deer carcass without a Hog Deer Tag marked with the letter "M" attached to one of its hind legs or possess any male Hog Deer carcass from which a Hog Deer Tag marked with the letter "M" has been removed other than in accordance with regulation 59 of the Wildlife (Game) Regulations 2012188 / 6446 / An offence under regulation 57 of the Wildlife (Game) Regulations 2012 / 1 penalty unit / fail, after killing a Hog Deer, to immediately attach a Hog Deer Tag in the manner specified in regulation 57 of the Wildlife (Game) Regulations 2012
189 / 6447 / An offence under regulation 58 of the Wildlife (Game) Regulations 2012 / 1 penalty unit / after killinga Hog Deer, remove the Hog Deer from where it has been killed without a Hog Deer Tag being attached to one of its hind legs in accordance with regulation 57 of the Wildlife (Game) Regulations 2012
r. 5
190 / 6448 / An offence under regulation 59 of the Wildlife (Game) Regulations 2012 / 15 penalty units / without the written authorisation of the Secretary, remove the Hog Deer Tag from the body of any Hog Deer killed, before the deer has been taken to a checking station in accordance with regulation 67 of the Wildlife (Game) Regulations 2012 and any biological sample required under regulation 67(3)(b) of the Wildlife (Game) Regulations 2012 has been given191 / 6449 / An offence under regulation 60 of the Wildlife (Game) Regulations 2012 / 15 penalty units / without the written authorisation of the Secretary, remove the head or dismember any Hog Deer killed, before the deer has been taken to a checking station in accordance with regulation 67 of the Wildlife (Game) Regulations 2012 and any biological sample required under regulation 67(3)(b) of theWildlife (Game) Regulations 2012 has been given
r. 5
192 / 6450 / An offence under regulation 64(a) of the Wildlife (Game) Regulations 2012 / 15 penalty units / as a person issued with Hog Deer Tags, hunt, take or destroy Hog Deer without possession of Hog Deer Tags as required by regulation 64(a) of the Wildlife (Game) Regulations 2012193 / 6451 / An offence under regulation 64(b) of the Wildlife (Game) Regulations 2012 / 15 penalty units / as a person issued with Hog Deer Tags, hunt, take or destroy Hog Deer without possession of a Hog Deer Tag as required by regulation 64(b) of the Wildlife (Game) Regulations 2012
194 / 6452 / An offence under regulation 65 of the Wildlife (Game) Regulations 2012 / 1 penalty unit / sell, give, lend or transfer a Hog Deer Tag to any other person
195 / 6453 / An offence under regulation 66 of the Wildlife (Game) Regulations 2012 / 1 penalty unit / alter, deface or reproduce a Hog Deer Tag
r. 5
196 / 6454 / An offence under regulation 67(3) of the Wildlife (Game) Regulations 2012 / 1 penalty unit / fail, when taking Hog Deer during the open season, to take the Hog Deer carcass to a checking station during the station's open hours within 24hours of the taking of the deer and to provide any biological sample from the Hog Deer carcass when requested by the Secretary for the purpose of examination for any disease or disorder or other physical condition197 / 6455 / An offence under regulation 68 of the Wildlife (Game) Regulations 2012 / 1 penalty unit / fail to forward to the Secretary within 28 days of the last day of each open season for which Hog Deer Tags were issued a complete and accurate Hog Deer return
r. 5
198 / 6456 / An offence under regulation 71(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / hunt, take or destroy deer within the areas of Victoria shown by shading on the plans in Parts1, 2, 3, 4 and5 of Schedule 9 other than in the circumstances specified in accordance with regulation 71(2) of the Wildlife (Game) Regulations 2012199 / 6457 / An offence under regulation 72(1) of the Wildlife (Game) Regulations 2012 / 2 penalty units / hunt or take Sambar Deer with the use of hounds or destroy Sambar Deer in any area of Victoria other than in the circumstances specified in regulation 72(2) of the Wildlife (Game) Regulations 2012'.
r. 5
6Amendment of Schedule 2—Safety on Public Land
r. 6
In Schedule 2 to the Principal Regulations, after item 330 insert—
"SAFETY ON PUBLIC LAND331 / 6458 / An offence under section 12(1) of the Safety on Public Land Act 2004that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No.S445 on 19 December 2012 / 4 penalty units / unlawfully alter, obliterate, deface, remove or destroy a notice displayed in accordance with section 11 of the Safety on Public Land Act 2004
332 / 6459 / An offence under section 12(2) of the Safety on Public Land Act 2004that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No.S445 on 19 December 2012 / 4 penalty units / unlawfully break down, damage or destroy a barrier or fence which has been erected to prohibit or restrict access to a public safety zone
333 / 6460 / An offence under section 13(1) of the Safety on Public Land Act 2004 constituted bycausing any object or substance to enter into a public safety zone in contravention of the declaration under section 4 of that Act published in Government Gazette No.S445 on 19 December 2012 / 2 penalty units / as an unauthorised person, cause any object or substance to enter a public safety zone
r. 6
334 / 6461 / An offence under section 13(2) of the Safety on Public Land Act 2004 constituted byentering a public safety zone in contravention of the declaration under section 4 of that Actpublished in Government Gazette No.S445 on 19 December 2012 / 3 penalty units / as an unauthorised person, enter a public safety zone in a period during which access is prohibited335 / 6462 / An offence under section 14(3) of the Safety on Public Land Act 2004that occurs in a public safety zone declared under section 4 of that Act and published in Government Gazette No.S445 on 19 December 2012 / 3 penalty units / as an unauthorised person, fail to comply with a direction under section 14(1) of the Safety onPublic Land Act 2004
336 / 6463 / An offence under section 15(a) of the Safety on Public Land Act 2004that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No.S445 on 19 December 2012 / 4 penalty units / as an unauthorised person, re-enter a public safety zone contrary to a direction of an authorised officer under section 14 of the Safety on Public Land Act 2004".
r. 7
7Statutory rule revision
In regulations 6(1) and 7(1) of the Principal Regulations, for "1985" substitute "1995".
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S.R. No. 19/2013
Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013
ENDNOTES
Endnotes
1
[1] Reg. 4: S.R. No. 48/2002. Reprint No. 2 as at 9 February 2007. Reprintedto S.R. No. 150/2006. Subsequently amended by S.R.Nos14/2009, 37/2010, 58/2010, 86/2011 and 93/2012.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of theMonetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.